• Steve Turner v. Deputy Director of Waste Management

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    Decision Date: September 5, 1996

    Panel: Christie Mayall

    Keywords: Waste Management Act – ss. 26; 28(3)(c)

    Mr. Turner appealed a decision amending a Waste Permit requiring him to have the wastewater treatment facility at Bamfield Inn classified and the facility operator certified. He argued that there should have been no amendment to the Permit because there had been no change in ownership warranting such an amendment. He maintained that the requirement for certification of the sewage treatment facility operator imposed an undue and arbitrary hardship on Bamfield Inn.

    The Board found that a mistake was made in issuing the Permit in the name of one of the shareholders of the company and that the permit should be changed to show the correct owner of Bamfield Inn. It further found that the Ministry did not act unfairly in amending the Permit but rather was following its standard procedure in reviewing the Permit when an amendment was required. The Board amended the Permit to uphold the facility classification requirement, which Mr. Turner had already complied with, and stayed the operator certification requirement until there is an appropriate training program in place in British Columbia. The appeal was dismissed.